Replying to a message of Earl Croasmun to Bob Ackley:

 EC> -> The Unitary Executive theory espoused by the previous
 EC> administration -> is as you say, but they also contended that under
 EC> that theory the -> Executive Branch was supreme, could rule by
 EC> 'Executive Order,' and -> need not consult or pay attention to either
 EC> of the other two -> branches.

 EC> There was no claim that I am aware of that the executive branch was
 EC> supreme over other branches, only that it was supreme as far as its
 EC> delegated duties WITHIN the constitutional separation of powers.

You weren't paying attention to the 'war powers' claimed by Bush minor's
administration.  Virtually *everything* was included in the prosecution of his
'War on Terror,' which has no finite boundaries WRT philosophy, politics,
geography or duration - or, FTM, a visible, declared enemy.

 EC> Presidents have been making executive orders for a few centuries.

Actually they haven't.  Executive orders as we know them today were
authorized by emergency legislation passed by congress specifically to
deal with the Depression during Roosevelt minor's administration.  I think
in 1935.  That particular emergency has been over with for over 70 years
but that law has not yet been repealed.

Prior to that time 'executive orders' were binding only on the executive
branch of government, and were not binding on the citizenry at large.
Sort of like military regulations, which are binding upon those in the
military but not on those outside of it.  If you were not serving *in*
the executive branch, those orders were meaningless.

 EC> Roosevelt and Lincoln were far more sweeping in their use of it.

The only such actions Lincoln took that I'm aware of were to incarcerate
people - including the entire legislature of the state of Maryland - without
charges or trial (sound familiar?).  The Supreme Court told him to quit doing
that and he did; note that the Chief Justice at the time (Taney?) was for
a time afraid that he (presumably along with the other members of the Court)
would be thrown into a military prison camp because of that order.

Hmmm.  Lincoln also implemented an income tax - which later was declared
unConstitutional (but AFAIK nobody got their money back).


--- FleetStreet 1.19+